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Regional Trial Courts have exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Omnibus Election Code. Regional Trial Courts have exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Omnibus Election Code - Under Section 268 of the Omnibus Election Code, regional trial courts have exclusive juridiction to try and decide any criminal action or proceeding for violation of the Code, "except those relating to the offense of failure to register or failure to vote." The said provision reads: "Sec. 268 Jurisdiction of courts. The regional trial courts shall have the exclusive jurisdiction to try and decide any criminal action or proceeding for violation of the Code, except those relating to offense of failure to register or failure to vote, which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in criminal cases." Jurisdiction is
conferred by the Constitution or Congress. Outside the cases enumerated in
Section 5 (2) of Article VIII of the Constitution, Congress has the
plenary power to define, prescribe, and apportion the juridiction of
various courts. Congress may thus provide by law that a certain class of
case should be exclusively heard and determined by one court. Such law
would be a special law and must be construed an exception to the general
law on jurisdiction of courts. Hence R.A. 7691 does not have the effect of
repealing laws vesting upon Regional Trial Courts or the Sandiganbayan
exclusive original jurisdiction to hear and decide the cases therein
specified. That Congress never intended that R.A. 7691 should repeal such
special provisions is indubitably evident from the fact that it did not
touch at all the opening sentence of Section 32 of B.P. Blg. 129 providing
for the exceptions.
For any
inquiries or comment, you may contact the WEBMASTER
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CCHOPE ELECTION
2001 
